Common use of and10 Clause in Contracts

and10. The Klamath Tribes hereby agrees that if the Klamath Tribes brings or joins litigation in court or an administrative adjudication process, and seeks relief affecting the interests of any other Party under the terms of this Agreement, the Klamath Tribes’ participation in the litigation or adjudicative proceeding is deemed a consent to that court’s or adjudicatory body’s jurisdiction over all defenses and counter-claims, related to this Agreement, in the action. Further, if the Klamath Tribes brings or joins litigation in court or an administrative adjudication process, and seeks relief affecting the interests of any other Party under the terms of this Agreement, it agrees it will not seek to bar such other Parties from asserting or seeking to enforce the provisions of this Agreement by way of defense or counter-claim in such a proceeding. Any counter-claims under the terms of this subsection are limited to a request for equitable remedies and shall not include a request for damages of any type or attorneys’ fees.